How Is Intent to Distribute Determined?

August 08, 2018
By
McGoughLaw P.C., L.L.O.

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Nebraskan residents like who who are accused of drug-related crimes will
want to fight back against these accusations. This is especially true
if you are being charged with the intent to distribute. Exactly how is
this intention proved, and what can you do to defend yourself?

FindLaw defines
possession with intent to distribute as a situation in which you are in possession of drugs, and intend to
either give them to someone else to sell, or sell them for yourself. The
drugs in your possession are not meant for you, but are meant for others.

But how are something like your intentions determined? This is where things
can get a little dicey. Being in possession of drugs is a little more
cut and dried. Though it's possible the drugs were planted or that
they aren't yours, there is still physical evidence that drugs were
involved. Whether or not you have the intention of distributing those
drugs, on the other hand, is harder to pin down.

Generally speaking, intention to distribute is determined by the surrounding
circumstances in a case. Things like the amount of drugs found, packing
materials, large sums of money, drug paraphernalia or even communications
with potential customers are the pieces of circumstantial evidence that
are generally relied on when someone is trying to prove that you had an
intention to distribute.

In other words, it's usually a little easier to fight against charges
blaming you for intending to do something that no one can solidly prove
you were going to do. By contacting an attorney, you can help craft yourself
a defense proving that the intention never existed.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.